Springfield-Greene
County LibraryMarch Term 1858
Book D JR
(continued)
p 119.
Hardy Kelley Plaintiff
vs Civil Action
William Barnard et al Defendants
Now at this day comes the parties by their attorneys and by agreement of parties all objections that might be raised by reason of the Judge of this Court having been of Counsel in this cause is waived and it is agreed that the Judge of this Court try this cause and this cause is continued until next term of this Court.
p 120.
E.L. Norris adm. Plaintiff
vs Civil Action
John S. Bigbee Defendant
Now at this day comes the Plaintiff by his attorney and the said Defendant having refused and failed to answer, it is considered by the Court that said Plaintiff Judgment against said Defendant for want of an answer and that inquiry of damages be awarded and the cause being left to the Court the Court doth find from the evidence that the said Plaintiff has sustained damage from said Defendant in the sum of $111.15. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said damage together with her costs laid out and expended and that she have execution therefor.
p 120/121
William H. Otter Plaintiff
vs Civil Action
Jemima Shipp Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial therefore came a Jury viz J.H. Miller, Alsey Oneal, Joseph Potter, R. Abernathy, C.B. Owen, David King, W.L. Herrington, R.M. Jones, A.C. Thompson, J.S. McQuerter, G.M. Freeman, J.A. Miller, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined between the parties and having heard a portion of the evidence then came the Plaintiff and says he will not further prosecute but will take a non-suit in this case.It is therefore considered by the Court that the Plaintiff take nothing by his Suit and that the Defendant have and recover of and from the Plaintiff her costs laid out and expended and that she have execution therefor.
p 122/123.
Now at this day comes the Grand Jury impannelled the first day of this Court and return the following true bills of Indictment, viz
#1 State vs A.J. Simmons -- Selling Liquor Without Lic.
#2 State vs A.J. Simmons -- Selling Liquor Without Lic.
#3 State vs A.J. Simmons -- Selling Liquor Without Lic.
#4 State vs A.J. Simmons -- Selling Liquor Without Lic.
#5 State vs A.J. Simmons -- Selling Liquor Without Lic.
#1 State vs William C. Whitlock -- Selling Liquor Without Lic.
#2 State vs William C. Whitlock -- Selling Liquor Without Lic.
#3 State vs William C. Whitlock -- Selling Liquor Without Lic.
#4 State vs William C. Whitlock -- Selling Liquor Without Lic.
#5 State vs William C. Whitlock -- Selling Liquor Without Lic.
#6 State vs William C. Whitlock -- Selling Liquor Without Lic.
(continued)
20
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
March Term 1858
p 122/123 - cont.
#7 State vs William C. Whitlock -- Selling Liquor Without License
#8 State vs William C. Whitlock -- Selling Liquor Without License
#9 State vs William C. Whitlock -- Selling Liquor Without License
#10 State vs William C. Whitlock -- Selling Liquor Without License
#11 State vs William C. Whitlock -- Selling Liquor Without License
#12 State vs William C. Whitlock -- Selling Liquor Without License
#13 State vs William C. Whitlock -- Selling Liquor Without License
State vs D.W. Bryant -- Selling Liquor Without License
State vs William G. Loyd -- Selling Liquor Without License
#1 State vs William Dudley -- Selling Liquor Without License
#2 State vs William Dudley -- Selling Liquor Without License
#1 State vs D.B. Garrison -- Selling Liquor Without License
#2 State vs D.B. Garrison -- Selling Liquor Without License
#3 State vs D.B. Garrison -- Selling Liquor Without License
#1 State vs McGruder Tannehill -- Selling Liquor Without License
#2 State vs McGruder Tannehill -- Selling Liquor Without License
#3 State vs McGruder Tannehill -- Selling Liquor Without License
#4 State vs McGruder Tannehill -- Selling Liquor Without License
#5 State vs McGruder Tannehill -- Selling Liquor Without License
#1 State vs P.J. Nicholson -- Selling Liquor Without License
#2 State vs P.J. Nicholson -- Selling Liquor Without License
State vs Greene Warren -- Selling Liquor Without License
State vs James Vaughan -- Selling Liquor Without License
State vs __________ -- Felonious Assault
State vs Tobias Batson -- Disturbing Peace Of Family
State vs __________ -- Felonious Assault
State vs Reuben Rose -- Disturbing Peace Of Family
State vs __________ -- Felonious Assault
#1 State vs Alsa Woodward -- Selling Liquor Without License
2 State vs Alsa Woodward -- Selling Liquor Without License
State vs Jesse Redfearn -- Selling Liquor Without License
State vs George L. Mitchell -- Selling Liquor Without License
#1 State vs William F. Brown -- Selling Liquor Without License
#2 State vs William F. Brown -- Selling Liquor Without License
State vs B.G. Andrews -- Selling Liquor Without License
State vs G. Likins -- Selling Liquor Without License
State vs William Hudgins Selling Liquor Without License
#2 State vs William G. Loyd -- Selling Liquor Without License
Which said Indictments are by the Court ordered on file and capias to issue forthwith.
p 123.
John S. Sayers et al. Petition for Partition
Now at this day comes Peter S. King who is known to the Court as the Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to Joseph D. Haden for the following described land, viz pt of NE 1/4 NE 1/4 Sec 12 Twp 29 Range 20 which was sold by order of the Greene Circuit Court for the purpose of partition as the real estate of John H Smith deceased and the said Peter C. King acknowledges that he executed the same as his act and deed for the uses and purposes therein contained.
21
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 123.
John F. Dunn Plaintiff
vs Civil Action
Alexander & Miller Defendants
Now at this day comes the Defendants by their attorney and the Plaintiff being thrice solemnly called comes n0t and failing to prosecute his suit. It is considered by the Court that this suit be dismissed for want of prosecution. It is therefore considered by the Court that Plaintiff take nothing by this suit and that the Defend ants have their costs laid out and expended and that they have execution therefor.
p 124/125.
Catherine Guinn, et al.
Petition for Assignment of Dower and Partition. EXPARTEE
Now at this day come the Commissioners appointed at the present term of this Court and by leave of the Court make the following report, viz: The undersigned Commissioners appointed by the Hon. Judge of the Greene Circuit Court to set up the Dower of Catherine Guinn late widow of Martin Taylor, deceased, and also to partition balance of the land between David Taylor, Jacob Hubble and his wife May, Joseph Taylor, George Taylor and Ann Taylor, heirs of said Martin Taylor after being duly sworn submit the annexed plat as their report in the premises to Catherine Guinn as her Dower - we assign Lot No 5--53-1/3 acres to Ann Taylor, Lot No 1--12 acres to Joseph Taylor, Lot No 2--22 acres to Jacob Humble, Lot No 3--22 acres to David Taylor, Lot No 4--22 acres and Lot No 6--28-2/3 acres to George Taylor.
William H. Holland Newton C. Chaffin
Sterling Smith
State of Missouri, County of Greene,
This day personally appeared before the undersigned Trustee of the Peace in and for Greene County and Missouri, William H. Holland, Sterling Smith and Newton C. Chaffin who are personally known to the undersigned Justice of the Peace to be the same persons whose names are subscribed to the foregoing EXPARTE acknowledged that they executed said report for the uses and purposes therein contained. Given under my hand this 9th day of March 1858.
Stephen Bedford J.P.
____________________________
Lot No. 1
Lot No. 2
Lot No. 3
&Lot No. 4
____________________________
Dwelling | Dower
Lot 5
Lot 6
____________________________
Serving for the heirs of Martin Taylor, Deceased, by order of the Commissioners the following tract of land, to wit: the W 1/2 of the NE 1/4 and the E 1/2 of the NW 1/4 of Sect 21 Range 20 in TWP 28 commencing at the NW corner thence E 12 pole to 2nd corner 22 pole to 3rd corner 22 pole to 4th corner 22 pole to 5th corner 53-2/3 pole to 6th corner 28-2/3 pole to NE corner thence S 16 pole to the SE corner thence W 28 2/3 pole including Lot No 6 or 28-2/3, 53-2/3 pole W Lot No 5 or Dower 53 2/3 acres W 22 pole or Lot No 4 22 acres W 22 pole or Lot No 3 22 acres W 22 pole Lot No 2 22 acres W 12 pole to the SWcorner including Lot No 1 12 acres thence N 16 pole to the beginning stone corners planted at every corner variation of lines N 7 50 W and N 82 20' E. Plat drawn by scale of 80 pole to the inch this the 6th of Mar 1858.(signatures-next page)
(continued)
22
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 124/125 continued
Signatures
J.S. McCreen surveyor
for Greene County, Mo
By W.P. Dobbs dft
Which said EXPARTEE is by the Court ________ and approved and also ordered by the Court that the following bill of costs be allowed, viz:
To Surveyor, W.F. Dobbs $ 5.00
To A____ Waddill 25.00
Commissioners, Chaffee, Holland and Smith 9.00
Justice Bedford .50
Clerk McCracken 4.00
p 126.
State of Missouri Plaintiff
vs House Breaking
Tobias Batson Defendant
Now at this day the motion to set aside the verdict in this cause coming on to be heard and all and singular the premises being seen said motion is by the Court sustained.
p 127.
James Woods, William L. Christy
Robert K. Woods, William L. Gintry and
Joseph Woods Plaintiffs
vs Civil Action
Wesley Tillman Defendant
Now at this day comes the Plaintiffs by their attorney and the Defendant being thrice solemnly called comes not but hence makes default and having neither plead answered nor demurred to the Plaintiff's petition and he having been duly served with process and the demand being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby, the Court on an examination of the premises doth find that the said Defendant is indebted to the said Plaintiffs in the sum of $391.65 debt and the sum of $62.55 his damages by reason of the detention thereof. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant his said debt and damage and also his costs laid out and expended and that he have execution therefor.
p 128.
Benjamin Atkinson, admin of J.T. Cave, deceased Plaintiff
vs
John Elam Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial, therefore comes a Jury, viz: William L. Herrington, J.P. McForester, W. Jenkins, A. Hosman and Alex Ellison, five good and lawful men who by consent of parties being duly elected tried and sworn to well and truly try the issue joined between the parties, having heard the evidence and received the instructions of the Court retired to consider of their verdict, vis: "We the Jury find the issue for the Plaintiff and assess the damage at $50. J.P. McForrester, Foreman." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $50 together with his costs laid out and expended and that he have execution thereof.
23
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 129.
J.K. Pace Plaintiff
vs Appeal J.P.
Thomas Swadley Defendant
Now at this day comes the parties by their attorney and by agreement it is agreed that the Judgment be rendered against said Defendant for the sum of $16.25 but that each party pay their own costs. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $16.25 and that each party pay his costs laid out and expended and that execution issue therefor.
p 130.
Ruben Furgerson Plaintiff
vs Civil Action
Gordon Forest Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court says that he will not further prosecute this suit but will take a non-suit. It is therefore considered by the Court that the Plaintiff take nothing by his suit and that the Defendant have his costs laid out and expended and that he have execution therefor.
B.D. Dodson Plaintiff
vs Civil Action
R.P. Haden Defendant
Now at this day comes the Defendant and files his application verified by affidavit asking this cause be continued for want of material evidence. It is therefore ordered that this cause be continued until next term at Defendant's costs. It is therefore considered by the Court that Plaintiff have his costs of this Term laid out and expended and that he have execution therefor.
p 130/131.
J. Redfearn Plaintiff
vs Appeal J.P.
Samuel R. Truesdale Defendant
Now at this day comes the Plaintiff by attorney and the Defendant being thrice solemnly called comes not but makes default, and failing to prosecute his said appeal the Court upon an examination of the premises finds that the said Defendant is indebted to said Plaintiff in the sum of $25 debt and $3.75 damage by reason of detaining the same. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant, Samuel R. Truesdale and William G. Roberts and Mastin Burden his securities in his appeal bond his said debt and damage and also his costs laid out and expended and that he have execution therefor.
p 131.
Mary J. Dunn Plaintiff
vs Appeal from J.P.
Thomas G. Barham Defendant
Now at this day comes the Defendant by attorney and on motion this cause is dismissed for want of prosecution. It is considered by the Court that Defendant have his costs laid out and expended and that he have execution therefor.
24
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D Jr
MARCH TERM 1858
p 131/132.
William Thompson Plaintiff
vs Petition for sale and partition
Charles Barham, Thomas Barham
and Marcus Barham Defendants
Now at this day comes the Plaintiff and by leave of the Court files his petition setting forth that he is a tenant in coparcenary with Charles Barham, Thomas Barham and Marcus Barham minor Heirs of Lewis D. Barham, Deceased, in the following described land belonging to said deceased, viz: the E 1/2 of Lot No 6 NW fra 1/4 Sect 2 TWP 29 Range 24 containing 40 acres. That he, the said Plaintiff, is the owner of the Dower interest by Deed from Mary J. Dunn, formerly Mary J. Barham, widow of said Lewis D. Barham. That the said Plaintiff, William Thompson, Charles, Thomas and Marcus Barham are each entitled to one undivided 1/4 part of said land and that the same is not susceptible to partition in kind without great prejudice to the owners and prays the Court here to make an order for the sale of said land and that the proceeds be divided among those interested according to their respective interests. And the said Thomas, Charles and Marcus Barham also come by their guardian Thomas G. Barham and file their answer to Plaintiff's petition and say they cannot deny the facts in Plaintiff's petition but that the same are true and that it will be to the interest of all those interested that said land be sold as set forth in Plaintiff's petition. And all and singular the premises being seen and by the Court fully understood, it is ordered, adjudged and decreed by the Court that the lands mentioned in Plaintiff's petition be sold by the Sheriff of Greene County according to Law on a credit of ______ months and that the proceeds of said sale be distributed among the parties interested as set forth in Plaintiff's petition to William Thompson, Charles, Thomas and Marcus Barham 1/4 part each after paying all costs and expenses attending the proceedings in this cause according to Law and that the Sheriff make return to this Court how he executes this order.
p 132.
H.F. Gray Plaintiff
vs Civil Action
John Walker Defendant
Now at this day the motion for a new trial coming on to be heard and all and singular the premises being seen and by the Court fully understood said motiOn is by the Court overruled.
p 133.
F.P. Wilson and wife Plaintiffs
vs Civil Action
Peter Ussery Defendant
Now at this day the application for a Change of Venue in this cause coming on to be heard the said change is awarded to the County of Webster and the Clerk of this Court is ordered to certify a true transcript of this cause to the Webster Circuit Court. Now at this day it appearing that there was three of the Grand Jurors unable to attend on account of sickness, an account of which the number of Grand Jurors was lowered to less than 15 the Court ordered the Sheriff to summon 2 grand Jurors to be empannelled whereupon the Sheriff summoned R.M. Jones and Henry Mattock who being hereby sworn as such were by the Court ordered to be conducted to the Grand Jury Room.
25
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 134.
A.M. Milton Plaintiff
vs Civil Action
Stewart Warren and Sally Warren Defendants
Now at this day comes the Plaintiff by attorney and suggests the death of the Defendant Sally Warren, and this cause is continued until next Term.
p 135.
David Coble and wife Plaintiffs
vs Civil Action
Samuel McDaniel Defendant
Now at this day comes the demurrer filed in this cause on to be heard and all and singular the premises being seen and by the Court fully understood said demurrer is by the Court sustained leave given to amend 60 days from this Court.
Thomas Tiller admin of Joshua Rudd, deceased Plaintiff
vs Civil Action
Joseph Rudd Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial, thereupon come a Jury, viz: A. Woody, Leroy Adams, D. Chandler, M.L. Abernathy, W.J. Coleman, J.M. Carthal, A. Hosman, S.M. Gresham, V. Cummings, R. Johnson, John Robulson and J.J. Weaver, 12 good and lawful men duly elected, tried and sworn to well and truly try the issue joined between the parties and having heard the evidence and received the instructions of the Court the Plaintiff comes and says he will take a non-suit on the first and third counts in his petition the being on two promissory bonds. The Jury then retired to consider of their verdict on the second count in Plaintiff's petition, viz: "We the Jury find the issue for the Plaintiff principal and interest $42.12. J.J. Weaver, foreman". It is therefore considered by the Court that the said Plaintiff have and recover of and from the Defendant the said sum of $42.12 and costs laid out and expended and that he have execution therefor.
p 137.
N.A. Davis Plaintiff
vs Civil Action
William B. Farm Defendant
Now at this day comes the Defendant by his attorney and the demurrer filed in this cause coming on to be heard is by the Court sustained. It is therefore considered by the Court that the Defendant have and recover his costs laid out and expended and that he have execution therefor.
p 138.
John L. Sayers et al Petition, etc.
This day comes P.C. King and files his report of the sale of real estate of J.H. Smith, deceased, which is approved and also the following APC of expenses viz
Clerk McCracken $ 3.75
Comm Brown 8.00
Comm Henderson 4.50
Comm J.R. Guinn 4.56
Attorney ________ 20.00
Pan______ 4.00
Sheriff King 11.40
Which were by the Court allowed. (Writing much scribbling)
26
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 139.
B.G. Barrett et al Petition for Partition.
Now at this day comes P.C. King, Sheriff, and files his report of sale of real estate of Robert Sims, deceased and also the following APC of costs on the same viz
Clerk A.G. McCracken -- $ 5.00
Sheriff Fulbright -- 1.80
Pinter W.H. Graves -- 10.00
Sheriff King comm -- 129.59
Att. Fee, Price and Hann -- 129.50
Which said report is received and approved by the Court allowed.
George Cannefax et al Petition Partition
This day comes P.C. King and files his report of sale portion real estate Joseph Cannefax, deceased, an APC for $5.07 commission sale which is by the Court received and approved.
K. Rose Plaintiff
vs Civil Action
John R. Edwards, George W. Mitchell
and William B. Edwards Defendants
Now at this day comes the Plaintiff by his attorney and the said Defendants having shown no cause why this Judgment interlocatory entered in this cause should not be made final. It is considered by the Court that the Plaintiff have and recover of and from the said Defendants his said debt of $254 and $20.13 damages by detention thereof and also his costs laid out and expended and that he have execution therefor.
p 140.
John L. Sayers et al Petition Partition
Now at this day comes P.C. King who is known to the Court as the Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to John L. Sayers for the following described land, viz the W 1/2 SW 3/4 Sec 11 TWP 28 Range 30 which was sold as the real estate of John H. Smith, deceased, by orders of the Greene Circuit Court for the purpose of partition and the said P.C. King acknowledged that he executed the same for the purposes therein contained.
p 140/141.
D.M. Lodgan Plaintiff
vs Civil Action
John R. Guynn Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial thereupon came a Jury, viz: S.R. Waddill, Joseph Morris, J.L. Alexander, J.M. Morgan, J. McForester and C.C. Parrish, six good and lawful men who being duly elected and sworn to well and truly try the issue joined between the parties. Having heard a portion of the evidence and there not being time to complete the same are permitted to disperse under the charge of the Court until 9 o'clock tomorrow.
p 141.
John R. Edwards Plaintiff
vs Civil Action
Wm. J. Cannefax Defendant
Now at this day comes the Plaintiff by his attorney and the Defendant being thrice solemnly called comes not but herein makes default and the Defendant being duly served with process and the demand being founded upon an instrument of writing purporting to be
(continued)
27
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 141 (cont)
signed by the Defendant and the amount being ascertained thereby and the Defendant neither pleading answering or demurring to Plaintiff's petition. The Court doth consider that the Plaintiff have Judgment against said Plaintiff by default for the sum of $656 for his debt and also $301.76 damage by reason of detention thereof and that good cause be shown to the contrary by 12th day of present Term of this Court this
Judgment will be made final.
p 142. March 12, 1858 11th day of Term.
D.M. Logan Plaintiff
vs Civil Action
John R. Guynn Defendant
Now at this day comes the Defendant and files the Bond of himself and A. Wood in lieu of William R. Medley, the original security in this cause which is by the Court approved and ordered by the Court that William R. Medley be discharged.
p 143.
D.M. Logan Plaintiff
vs Appeal J.P.
John R. Guynn Defendant
Now at this day comes again the Jury and having heard the evidence completed, received the instructions of the Court and heard the arguments of the Counsel retired to consider of their verdict and again come into Court and return the following verdict, viz "We the Jury find the issues for the Plaintiff and assess his damages at $50. S.R. Waddill, foreman." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant, John R. Guynn, and Abraham Woody his security in his official bond the said sum of $50 and also his costs laid out and expended and that he have execution therefor.
Henry H. Blanchard Plaintiff
vs Civil Action
Abraham Fine Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant was a non-resident of the State of Missouri, that he had been duly notified of the commencement of this suit by publication in the weekly SPRINGFIELD ADVERTISER, a weekly newspaper printed and published in this State and the Defendant neither pleading answering or demurring to Plaintiff petition and the demand being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth find by examination of the premises that the Defendant is indebted to said Plaintiff in the sum of $127.66 and considers that Plaintiff have Judgment for the sum by default and if good cause be not shown to the contrary by the third day of the next term of this Court said Judgment will be made final.
p 144.
R.P. Faulkner Plaintiff
vs Civil Action
Lemuel B. Sarvis Defendant
Now at this day the motion to set aside the Judgment by default coming On to be heard and all and singular the premises being seen and by the Court fully understood, said motion is by the Court overruled.
28
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 144.
Charles R. Layton, Amanda Layton and Abner Galbreath by his Guardian, William Foren
Petition for Sale Land Warrant. EXPARTEE.
Now at this day comes the said petitioners Charles R. Layton and Amanda Layton his wife, formerly Amanda Galbreath and Abner Gaibreath by his guardian, William Foren, and file the petition setting forth that as Heirs of at Law of George Gaibreath, deceased, they are the owners of a Military Land Warrant No 17342 dated 3rd July 1848 issued under an Act of Congress 11 Feby 1847 for 160 acres that the said Charles R. and Amanda Layton his wife are entitled to an undivided half of said Warrant and that said Abner Galbreath is also entitled to an undivided half of said Warrant that said Warrant is not susceptible of division in kind according to the respective interests and ask that this Court make an order for the sale of said Land Warrant and distribute the proceeds thereof according to the right of those interested and all and singular the premises being seen and by the Court understood it is ordered adjudged and decreed by the Court that said Land Warrant 17342 issued to said deceased be sold by the Sheriff of Greene County to the highest bidder for cash in hand and that the proceeds thereof be distributed to those interested according to their respective interests as set forth in said petition after paying all expenses and costs of this proceeding.
p 145/146.
Sarah Jessup Plaintiff
vs Civil Action
Nancy Davis, et al Defendants
Now at this day comes the Plaintiff and by leave of the Court files her petition setting forth that she by deed absolute on its face conveyed to Joshua Davis, Deceased, ancestor of said Defendants dated the 17th of October 1854 for the following described land viz 1 1/4 acre of land lying and being a part of Sect 14 TWF 29 Range 22 beginning at a point where the open line dividing the E and W 1/2 of SE 1/4 of said Sect strikes the Southern line of said Section thence North along said line 20 rods thence East 10 rods thence South 20 rods to Section line thence West to beginning. That said conveyance was made in consideration and for the purpose of securing the payment of a promissory note executed by said Plaintiff to said Joshua Davis for the sum of $150 bearing date with said Deed and that said Deed though absolute on its face was intended and understood by the parties as a mortgage that said Plaintiff has been and is now ready to pay said note and now brings said sum of money into Court here and prays this Court to make an order decreeing the title to said land to be and revest in said Plaintiff. And the said Defendants, Nancy Davis, Nunnda McGaugh, Newlin A. Davis, William P. Davis, Sarah A. Dysart, Francis H. Dysart, Mariah J. Davis and Joshua T. Deeds by his guardian J.S. Kimbrough and Marcillus L Davis by his guardian N.A. Davis come and file their answer and say that they cannot deny but the facts set forth in Plaintiff's petition are true and that the prayer of the Plaintiff ought to be granted and the same being submitted to the Court the Court doth find that the said Deed referred to in Plaintiff's petition was intended and understood by the parties to Operate as a Mortgage and it also being shown that the said Plaintiff had brought said money into Court and the administrator of said deceased, N.A. Davis and William P. Davis being in Court and acknowledging the receipt thereof. It is ordered adjudged and decreed by the Court that all the right _____ and claim that the said Joshua Davis deceased acquired by virtue of said Deed from the said Sarah Jessup be vested in and revest to the said Sarah Jessup in as full and complete a manner as if said had not been executed.
29
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 146/147
Allen Fulden and Susan his wife
James J. Vaughan and Martha his wife
Joseph L. Weaver
William A Lawing and Angeline his wife
James D. Weaver an infant by his Guardian Bedford W. Henslee
Against Civil Action for Partition of Real Estate
John R. Weaver
Now at this day comes the parties by their attornies and the petition of the Plaintiff heretofore filed coming on to be heard and it appearing from the answer of Defendant that the facts stated in the petition of Plaintiff and admitted by said answer to be true and it appearing from the petition and exhibits shown to the Court that the Plaintiffs and Defendant are the owners of the following real estate in equal portions (to wit) W 1/2 SW 1/4 Sec 10, W 1/2 NW 1/4 Sect 15, W 1/2 SE 1/4 Sec 10, E 1/2 SW 1/4 Sect 10, E 1/2 NW 1/4 of NW 1/4 Sec 15, NE 1/4 SW 1/4 and NW 1/4 NE 1/4 Sec 3, W 1/2 NW fcl 1/4 Sec 2, NE 1/4 NE fcl 1/4 Sec 3, all in TWP 27 Range 21 and SW 1/4 SE 1/4 Sec 34, SW 1/4 SW 1/4 Sec 39, in TWP 28 Range 21 and also one half of one town Lot in the town of Ozark and described on the plat of said Town as South 1/2 Lot No 13 Block No. 4 as ____ at Law and devisees of John Weaver, deceased, as by the last will and testament of said Weaver Deceased, appears and it further appearing from the petition of Plaintiffs that a portion of said real estate to wit half of the W 1/2 NW 1/4 Sec 15, W 1/2 SE 1/4 Sec 10, E 1/2 SW 1/4 Sec 10, W 1/2 SE 1/4 Sec 10, 1/2 NE 1/4 NW 1/4 Sec 15 TWP 27 Range 21, was by the last will and testament aforesaid divided given and bequeathed to Permelia Weaver widow of said John Weaver during her natural life and ordered by said will to be Set off to the said Permelia, and it further appearing that the portion of said real estate given and bequeathed as aforesaid to the said Permelia has by order of the Court heretofore made been set off to the said Permelia by Commissioners appointed for that purpose. And it further appearing that the Plaintiffs and Defendant have a reversionary interest in the real estate set off as aforesaid to the said Permelia. And it further appearing that the interests of the Plaintiffs and Defendants are as follows, viz Allen Fulden and Susan his wife are entitled to one sixth part, James J. Vaughan and Martha his wife one-sixth part, Joseph Weaver one-sixth part, William A. Lawing and Angeline his wife one-sixth part and James D. Weaver one-sixth part and John R. Weaver one-sixth part of the said real estate bequeathed as aforesaid by the last will and testament of the said John Weaver, deceased. And it further appears from the petition of Plaintiffs that partition of said real estate cannot be made in kind without great prejudice to the owners. It is therefore considered by the Court that partition of said real estate be made and it is ordered adjudged and decreed by the Court that the Sheriff of Greene County sell said real estate according to Law directs, and that after paying the costs and expenses of this proceeding that the proceeds of the sale of said real estate be distributed among those interested according to their respective rights.
p 147/148
Benjamin Atkinson Plaintiff
vs Petition for Sale of Land Warrant
John A. Brazeal, Elizabeth Brazeal,
George McKinny guardian of George H. Caves,
James F. Caves and John T. Caves Defendants
Now at this day comes the Plaintiff by his attorney and by leave of the Court files his petition setting forth that he is the administrator of John E. Caves deceased, that
(continued)
30
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 147/148.
said deceased died possessed of a Military Land Warrant No. 20440 and dated Sept. 3rd 1852 for 160 acres and granted to James Hannah and by him legally assigned to said J.T. Caves. That the said John T. Caves at the time of his death left as his heirs at Law Elizabeth Caves since intermarried with John A. Brazeal and their minor children viz George W. Caves, James F. Caves and John L. Caves that the said John A. Brazeal and Elizabeth his wife and their minor children aforesaid are the only persons who are interested in said Land Warrant that the same is not Susceptible of partition and that the interest of the parties are as follows viz J.A. Brazeal and Elizabeth his wife one-fourth, George W. Caves one-fourth, James F. Caves one-fourth and John T. Caves one-fourth part and the petitions pray the Court to make an order for the sale of said Land Warrant by the administrator of said deceased and the said minors viz George W. Caves, James F. and John T. Caves by their guardian and J.A. Brazeal for himself and wife Elizabeth come and answer that they cannot deny but that the facts stated in Plaintiffs petition are true, and that it would be to the interest of all interested for the prayer of the said petition to be granted and the Court being fully advised of and concerning the premises it is ordered adjudged and decreed by the Court that the administrator of land John L. Cave deceased sell said Land Warrant No. 20440 at private sale and assign and acknowledge the same as the Law requires and distribute proceeds of the sale thereof among those interested according to their respective rights after paying all expenses attending this proceeding.
p 149 Filing of motions.
p 150.
Sarah Preston
vs Civil Action
Benjamin Atkinson, admin.
Now at this day comes the parties by their attorneys and on motion it is ordered that a rule issue to the Clerk of the Probate Court of Greene County requiring him to perfect his transcript in this cause.
p 151.
R.P. Faulkner Plaintiff
vs Civil Action
Lemuel B. Lewis Defendant
Now at this day comes the Plaintiff by his attorney and the enquiry of damage awarded in this cause coming on to be heard and the Defendant appearing by his attorney the same is submitted to the Court and the Court having heard the evidence adduced doth find that the Defendant is indebted to the Plaintiff in the sum of $105. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and also his costs laid out and expended and that he have execution therefor and that the property attached be sold to satisfy the same.
p 152. Filing of motions.
p 153.
Margaret Young Plaintiff
vs Civil Action by confession
Elijah Wiley and George Cotter Defendants
Now at this day comes the Plaintiff by her attorney and files her petition and the said Defendants also appear and confess judgment in favor of said Plaintiff for the sum of $200 debt and $39.75 damages. It is therefore considered by the Court that
continued)
31
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 153 (cont)
the said Plaintiff have and recover of and from the said Defendants her said debt and damages and also her costs laid out and expended and that she have execution therefor.
p 153/154.
Now at this day comes the Grand Jury and returns into Court the following as true Bills of Indictment viz
#2 State vs George S. Mitchell -- Selling Liquor Without License
#3 State vs George S. Mitchell -- Selling Liquor Without License
State vs Charles Perry -- Selling Liquor Without License
#1 State vs John Mills -- Selling Liquor Without License
#2 State vs John Mills -- Selling Liquor Without License
State vs Avery McClure -- Selling Liquor Without License
#4 State vs Daniel B. Garrison -- Selling Liquor Without License
#5 State vs Daniel B. Garrison -- Selling Liquor Without License
#3 State vs William Dudley -- Selling Liquor Without License
#3 State vs Alsey Woodward -- Selling Liquor Without License
#3 State vs Peter J. Nicholson -- Selling Liquor Without License
#4 State vs Peter J. Nicholson -- Selling Liquor Without License
#5 State vs Peter J. Nicholson -- Selling Liquor Without License
#3 State vs John Mills -- Selling Liquor Without License
#1 State vs John Daniel -- Selling Liquor Without License
#2 State vs John Daniel -- Selling Liquor Without License
#3 State vs John Daniel -- Selling Liquor Without License
#4 State vs John Daniel -- Selling Liquor Without License
State vs Samuel Burlin -- Selling Liquor Without License
#2 State vs B.G. Andrews -- Selling Liquor Without License
State vs _________ -- Felonious Assault
#6 State vs A.J. Simmons -- Selling Liquor Without License
#7 State vs A.J. Simmons -- Selling Liquor Without License
#8 State vs A.J. Simmons -- Selling Liquor Without License
#9 State vs A.J. Simmons -- Selling Liquor Without License
#10 State vs A.J. Simmons -- Selling Liquor Without License
#11 State vs A.J. Simmons -- Selling Liquor Without License
#14 State vs William C. Whitlock -- Selling Liquor Without License
#15 State vs William C. Whitlock -- Selling Liquor Without License
#16 State vs William C. Whitlock -- Selling Liquor Without License
#17 State vs William C. Whitlock -- Selling Liquor Without License
State vs Alfred Riley -- Selling Liquor Without License
State vs William Burny -- Selling Liquor Without License
#2 State vs William Hudgins -- Selling Liquor Without License
#1 State vs William Johns -- Selling Liquor Without License
#2 State vs William Johns -- Selling Liquor Without License
State vs Robert Cannons, John Dickens -- Gaming
State vs ______&_________ -- Felonious Assault
State vs John Daniel and John Dickens, Robert Cannon and Hiram Thornhill -- Gaming
State vs Godfrey Yawn & Nancy Yawn -- Lavicious Behaviour
State vs Jeptha Mason -- Holding Stakes
State vs Ed. Almon, Y,G, Cannon & Jason Jones -- Conspiracy
Which said Indictments are ordered on file and capiases to issue on the same forthwith and there being no further business for the Grand Jury it was by the Court discharged.
32
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM l858
p 154.
John Edwards adm.
vs Civil Action
William J. Cannefax
Now at this day comes on to be heard in this cause the said demurrer is withdrawn and the Plaintiff by leave of the Court dismisses this suit as to James Dollison, A. Johnson, William Townsend and John W. Dagan.
p 155.
John R. Edwards Plaintiff
vs Civil Action
William J. Cannefax Defendant
Now at this day comes the Plaintiff by attorney and the Defendant being thrice solemnly called comes not neither having shown any cause why the judgment rendered on the tenth day of this Court should not be made final. It is considered by the Court that the Plaintiff have and recover of and from the said Defendant the sum of $656 for his debt and also the sum of $301.76 for his damages by reason of the detention thereof and also his costs laid out and expended and that he have execution therefor.
Robert J. McElhaney & Robert P. Faulkner Plaintiffs
vs Civil Action
Henry Chenoweth Defendant
Now at this day comes the Plaintiffs and file herein their petition in this cause and the Defendant comes by his attorney and admits the facts stated in Plaintiffs petition and agrees that Judgment may be rendered for the amount specified in the notes mentioned in the petition and that the equity of redemption be foreclosed in the following real estate viz A tract of Lot in the city of Springfield beginning at the SW corner of a certain Lot in the City of Springfield owned by J.B. Buderlinden then due South 70 yards to the SW corner of the Lot thence due East 70 yards thence North 70 yards thence West with said Buderlinden's line 70 yards to the place of beginning which was conveyed by deed of Mortgage executed and delivered to Plaintiff by the Defendant. It is therefore considered by the Court Plaintiffs have and recover of and from the Defendant the sum of $3761.63 and that the equity of redemption in said real estate before closed and that a special fireri facias issue directed to the Sheriff of Greene County requiring him to sell the said real estate to satisfy the said debt and costs and if the proceeds of such sale should be insufficient to satisfy said amount that he levy the same upon other goods chattles lands and tenements of Defendant to satisfy the same.
p 156.
Robert J. McElhaney & Robert P. Faulkner Plaintiffs
vs Civil Action
John W. Chenoweth Defendant
Now at this day comes the Plaintiff and files herein their petition in this cause and the Defendant comes by his attorney and admits the facts stated in Plaintiffs petition and agrees that judgment may be rendered for the amount specified in the note mentioned in the petition and that the equity of redemption be foreclosed in the following real estate viz lying in the City of Springfield beginning 20 feet East of the NE corner of J.R. Danforth on the St. Louis street, thence East to J.S. Kimbrough's NW corner, thence South with Kimbrough's line to his (Kimbrough's) SWcorner, thence West to a stake within 20 feet of said J.R. Danforth SE corner, thence North to the place of beginning
(cont)
33
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 156 (cont.)
which was conveyed by deed of mortgage executed and delivered to Plaintiff by Defendant. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant the sum of $3196.02 and also costs of such and that the equity of redemption in said real estate be foreclosed and that a special fierie facias issue directed to the Sheriff of Greene County requiring him to sell the said real estate and if the proceeds of such sale be insufficient to satisfy the same that he levy the same of other goods chattles and tenements of the flefendant to satisfy the same.
p 157.
Thomas J. Bailey Plaintiff
vs Civil Action
Henry S. Chenoweth & John W. Chenoweth Defendants
Now at this day comes the Plaintiff and files herein his petition in this cause and the Defendant comes by his attorney and admits the facts stated in the Plaintiffs petition and agrees that Judgment may be rendered for the amount specified in the note mentioned in the petition and that the equity of redemption be foreclosed in the following real estate viz N 1/2 of the W 1/2 of the SE 1/4 of Sect 7 TWP 29 Range 21 which was conveyed by deed of mortgage executed and delivered to Plaintiff by the Defendant. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants the sum of $643.42 and also costs of such and that the equity of redemption in said real estate be foreclosed and that a special firee facias be issued directed to the Sheriff of Greene County requiring him to sell the said Real Estate and if the proceeds thereof be insufficient to satisfy the same that he levy the same of other goods chattles and tenements of the Defendant to satisfy the same.
p 157/158.
Alfred Hosman et al
vs Petition for Partition
Delinda Craig et al
Now at this day comes the parties by their respective attorneys and it appearing from the petition and answer heretofore filed that the Plaintiffs and Defendants are the owners of the real estate mentioned in the petition of the Plaintiffs and that partit ion thereof is sought to be made. It is therefore considered by the Court that partition of the real estate mentioned in the petition be made according to the respective interests of the persons interested, and it further appearing that John C. Boone is the owner of three and two-thirds shares of one-thirteenth part of the said real estate that Benjamin H. Boone and James Boone are each the owners of one and one-third share of one-thirteenth part of said real estate. That Alfred Hosman and Mary his wife are the owner of one share of one-thirteenth part of said real estate. That Franklin T. Frazier and Melcina his wife are the owners of one-thirteenth part of said real estate. That Winfield S.M. Wright and his wife Sarah are the owners of one-thirteenth part of said real estate. That Belle R. Prunty is the owner of one-thirteenth part of said real estate. That James D. Van Bibber, James Maxwell and his wife Letitia and Alsa Woodward and his wife Sarah are each entitled to the thirty-ninth (39) part of said real estate and that Rebecca Cawfield, Mary Cawfield John T. Cawfield James H Cawfield and Joseph Cawfield are each the owners of the seventy-eighth part of said real estate and that Benjamin L. Anthony and William Anthony are each the owners of the twenty-sixth part of said real estate. It is therefore ordered by the Court that the shares of John C. Boone, B.H. Boone and James Boone be set off in one lot or lots and that
(continued)
34
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1858
p 157/158 (cont.) Kindred Rose, Joseph Burden and William Harrelson be appointed Commissioners to make partition of said real estate and that said Commissioners make report of their proceedings to the next term of this Court.
p 159.
Ordered that Court adjourn until the fifth Monday in August 1858 at which time there will be an Adjourned Term of this Court held in continuation of the Regular March Term of 1858.
END OF MARCH TERM 1858.
35
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